Purpose. The requirements of this article expands provisions outlined in the Pennsylvania Municipalities Planning Code Article VI and Article VII-A;[1] the purpose of these provisions is to promote the public health, safety, and welfare of the Borough by maintaining and enhancing the character of the Borough's "downtown area."

Concept. The Downtown Overlay District shall include areas of the Central Business District, Mixed Use District, and General Commercial District as shown on the Official Zoning Map and enacted to regulate the use and redevelopment of buildings, structures, and land within the Borough's downtown area.

Applicability. It shall be unlawful for any person, partnership, business or corporation to undertake or cause to be undertaken any construction or development within the Downtown Overlay unless an approved building permit has been obtained from the Zoning Officer in accordance with this and all other existing ordinances.

Definition of Downtown Overlay. The Downtown Overlay District shall consist of the areas shown on the Official Borough Zoning Map.

Boundary interpretation. Where an interpretation is needed as to the exact location of the boundaries of the Downtown Overlay in relation to a given lot, an initial determination shall be made by the Zoning Officer. Any person seeking such a determination may submit any pertinent documentation for consideration.

Appeal of boundary interpretation. Any person aggrieved by any such determination of the Zoning Officer under this chapter may appeal to the Zoning Hearing Board. The appellant contesting the location of the Downtown Overlay boundary shall have the burden of proof in case of any such appeal.

Downtown overlay requirements.